Drafting technical documentation in the field of infrastructure

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2) Capacity of the economic operators

2.1.1) Along with their bid, the economic operator has to provide further documentation that shall verify their:

— individual capacity,

— capacity to perform professional activity,

— technical and professional capacity.

2.1.2) The economic operator has to scan the documentation and submit it electronically. The economic operator may use the e-PPS profile for economic operators in order to verify meeting the required verification criteria. Should the documentation be too ample to be scanned and attached to the e-PPS, the economic operators may submit it in hard copy, in a non-standard format and size, prior to the bid submission deadline. The non-standard format and size documentation is delivered in hard-copy in a sealed inner envelope bearing the full name and address of the economic operator, no later than the bid opening deadline. The sealed inner envelope is then enclosed in an outer envelope that:

— is accurately addressed to the contracting authority,

— contains information about the number of the notice for awarding a public procurement contract and the date on which it has been published,

— in the upper left-hand corner bears the warning “Do not open”, so that the envelope is not opened prior to the time and date of the bid opening.

2.1.3) When assessing whether the documentation that verifies the capacity of the economic operator is complete and valid, and when evaluating the bid, it is mandatory that through the e-PPS, the committee asks the bidders to clarify and complete the documents that verify their capacity within 5 working days starting from the bid submission deadline;

2.1.4) The economic operator submits the requested clarification in an electronic form through the e-PPS, by attaching the document containing the clarification or the completion in the “clarification/completion of submitted documents” section, within 5 days starting from the day the economic operator receives the request by the bidder;

2.1.5) No changes in the bid, except for correction of arithmetical mistakes are to be requested, offered or allowed by the committee or the economic operator;

2.1.6) In case of a group of economic operators, all members of the group shall prove their individual capacity and the capacity to perform professional activity.

2.2) Individual capacity

2.2.1) The Contracting Authority shall exclude from the procedure for awarding a public procurement contract any economic operator that:

— in the course of the last 5 years has had an effective court decision passed against them for participating in a criminal organisation, corruption, fraud, or money-laundering,

— has bankruptcy proceedings or liquidation procedure underway,

— has back taxes, back contributions and other public charges, except in case when the economic operator has been approved to obtain deferred payment of taxes, contributions and other public charges in accordance with the appropriate regulations, and regularly defrays those charges,

— has had а secondary penalty of prohibition to participate in public call procedures, be awarded public procurement contracts and public private partnership contracts, passed against them,

— has had a secondary penalty of temporary or permanent prohibition to perform individual activity passed against them,

— has a misdemeanour sanction passed against them – prohibition to perform profession, activity or other duty, or temporary prohibition to perform certain activity, and

— has given false data or has not submitted the data requested by the Contracting Authority.

2.2.2) In order to verify their individual capacity, the economic operator has to submit the following documents:

— a statement that no effective court decision has been passed against the economic operator in the course of the last 5 years for participating in a criminal organisation, corruption, fraud and money- laundering,

— a certificate stating that no bankruptcy proceedings are underway, issued by a competent authority,

— a certificate stating that no liquidation procedure is underway, issued by a competent authority,

— a certificate of paid taxes, contributions and other public charges, issued by the competent authority of the country where the economic operator is registered,

— a certificate from the register of penalties for committed crimes by legal persons, stating that no secondary penalty of prohibition to participate in public call procedures, be awarded public procurement contracts and public private partnership contracts has been passed against the economic operator,

— a certificate from the register of penalties for committed crimes by legal persons, stating that no secondary penalty of temporary or permanent prohibition to perform individual activity has been passed against the economic operator,

— a certificate stating that no effective court decision – misdemeanor sanction has been passed against the economic operator – prohibition to perform profession, activity or other duty, or temporary prohibition to perform certain activity.

2.2.3) The statement in indent 1, subitem 2.2.2 is prepared and signed by the economic operators themselves and it need not be certified by a competent authority;

2.2.4) The certificates of absence of bankruptcy proceedings and liquidation procedure, as well as the certificates from the register of penalties for committed crimes, indents 5 and 6, subitem 2.2.2 are issued by competent authorities of the country where the economic operator is registered. In the Republic of Macedonia, the competent authority responsible for issuing these certificates is the Central Register of the Republic of Macedonia;

2.2.5) The certificate of paid taxes, contributions and other charges is issued by a competent authority of the country where the economic operator is registered. In the Republic of Macedonia, the competent authority responsible for issuing this certificate is the Public Revenue Office;

2.2.6) The certificate required in indent 7, subitem 2.2.2 is issued by a competent authority of the country where the economic operator is registered. In the Republic of Macedonia, the competent authority responsible for issuing this certificate is the Central Register of the Republic of Macedonia;

2.2.7) The documents required in subitem 2.2.2 must not be older than 6 months, the final bid submission deadline being the reference date;

2.2.8) If the country where the economic operator is registered does not issue the documents required in subitem 2.2.2, or if they do not encompass the aforementioned instances, the economic operator may submit a statement certified by a competent authority.

2.3) Capacity to perform professional activity

2.3.1) In order to verify their capacity to perform professional activity, the economic operator has to submit a document for registered activity, issued by the Central Register of the Republic of Macedonia, as verification that they are registered as a natural or legal person that performs the activity related to the subject of the public procurement contract, or evidence that they belong to a corresponding professional association in accordance with the regulations of the country where the economic operator is registered;

2.3.2) Evidence issued by a competent authority which proves that the economic operator meets the required conditions prescribed by law for performing the activity related to the subject of the contract.

— pursuant to article 148, paragraph 2, in order to verify the professional capacity of the economic operators, the contracting authority requests evidence issued by a competent authority to verify that the economic operators meet the required conditions prescribed by law for performing the activity related to the subject of the contract: “B” licence for design work.

2.5) Technical or professional capacity

2.5.1) In order to qualify as competent for carrying out the said public procurement contract in terms of its technical and professional capacity, the economic operator must meet the following minimum conditions:

— to provide a copy of at least 3 contracts for providing design work services (drafting technical documentation) in the last 3 years (2015, 2016, 2017), as well as certificates verifying their the successful realisation,

— to provide 3 certificates verifying that the economic operator has successfully completed basic infrastructure projects for 2016, pursuant to the Law on Construction (“Official Gazette of the Republic of Macedonia”, No. 137/13, 163/13, 27/14, 28/14, 42/14, 115/14, 149/14, 187/14, 44/15, 129/15, 217/15, 226/15, 30/16, 31/16, 39/16, 71/16 and 132/16), (certificates submitted by a group of economic operators, that is, a group of bidders, are acceptable),

— to provide a statement verifying that technical personnel and technical bodies are to be hired regardless whether they are directly employed by the economic operator or not; the economic operator has to hire at least:

— 4 engineers,

– 2 civil engineers (one of whom has a type “A” authorisation for drafting design documentation, and one with a type “B” authorisation for drafting design documentation and

— 2 architects (one of whom has a type “A” authorisation for drafting design documentation, and one authorised to draw up urban plans– a planner).